2004, Vol.13, No.1

Journal of Regulation Studies 2023 KCI Impact Factor : 0.78

pISSN : 1738-7132
https://journal.kci.go.kr/ksrs2002

To comply with the era of the digital economy, labour law should be more flexible and support the productivity and competitiveness of the enterprise. Rather than thought of one-sided protection for employees, only labour law that respects the orders of competition and coincides with the orders of the market economy can contribute to job creation and unemployment reduction. Therefore, this new labour law can promote efficiency and equity and at the same time, adjust the relationships between employers: employers and employees; and the employed(insiders) and the unemployed(outsiders). Especially, considering the economic efficiency, uniform and strict regulation of the employee dismissal should be lessened. And from now on, in the standpoint of the corporation, legal principle of the employee dismissal regulation should be changed. In a broad sense, the employment is created by outside of corporation even if there is a limit on the assumption of corporation. The theory of corporate governance as take a serious view of stock holder's interest is a potential of change taken notice of importance in a outside corporation employment.

As a key instrument to reform regulation, regulatory impact analysis(RIA) has been instituted in many OECD countries since 1990s. The experiences and practices of RIA in Korea since 1997 has been evaluated unsatisfactory by many scholars and experts. This research is aimed to suggest a systematic guide for the techniques of RIA. This research presents many methodological issues and huddles in doing RIA. This paper also deals with techniques involved in complex analytical problems.

This paper suggests that the proceduralistic paradigm of the law allows self-regulation to the legal fields of auditors. The Regulation on Liabilities of CPA(Certified Public Accountants) is provided in Securities and Exchange Act, the law on External Audit of Corporations, the civil code, the CPA Act, and the Regulation on Professional Ethics of CPA. Especially, regulation on the requisite of the Law on External Audit of Corporations is more mitigated than that of the civil law, and the punitive sanction of the former is enforced without causation or Ultra-ratio. In such a condition, what is the best way to regulate the auditors' liability more appropriately? Auditors' legal liability to shareholders and other investors is a significant aspect in auditing. A primary role of auditing in security markets is to reduce potential problems caused by the informational asymmetry. The function of accounting is to provide information to those in the market who place capital at risk-not to guarantee all such risks. Moreover, it is not fair that the auditors burden every risk of loss, because risks should be loss-spreaded. Auditors are only liable when an actual audit failure has in fact caused an injury. Therefore, we must repair the legal doctrines about the liability that has become distorted by the quest for compensation for every loss. The Gap between the under-deterrence and the over-deterrence should be filled up by communicating with others. We must also establish an arbitrary institution dealing with compensation for damages.